D&O Liability requirements

Requirements come from three places: the term sheet, the board, and later, public company or acquisition readiness.

Term sheetA stated D&O limit is a standard closing condition in venture financings.
Outside directorsDirectors frequently require evidence of Side A cover before accepting a seat.
Enterprise customersLarge customers sometimes ask for D&O certificates in vendor onboarding, alongside Tech E&O and cyber.
Acquirers and underwritersAt exit, the quality and continuity of the D&O programme, including runoff cover, becomes a diligence item.
Bring us the actual term sheet or customer contract language and we will match limits to what it says, not to a guess.

Background reading: enterprise customer insurance requirements, decoded.

Talk through your stack before you sign the next contract

Send us the term sheet, the customer MSA, or the renewal you are worried about. We will tell you plainly what it requires, what your current programme does about it, and what we would place differently.

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